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1999 P Cr. L J 558

WALI SHAH vs THE STATE

Citation1999 P Cr. L J 558
CourtPeshawar High Court
Case No.Criminal Miscellaneous Bail Application No,963 of 1998
Date1998-10-06
Judge(s)Jawaid Nawaz Khan Gandapur
ResultBail allowed

' Arguments heard. Record of the case perused.

2. The petitioner who stands charged for having committed an offence punishable under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, Vide: F.I.R. No,530, dated 2-8-1998 lodged in Police Station, Hayat Abad, Peshawar, has been refused bail by the lower Courts. He has, therefore, approached this Court for the redress of his grievance saying that he is absolutely innocent, falsely charged, and thus, entitled to be released on bail not as a matter of grace but as a matter of right.

3. Without touching the merits of the case, at this stage, and taking into consideration the fact that the Laboratory report in respect of the contraband articles (Liquor) has not been obtained so far by the Prosecuting Agency, therefore, I am of the opinion that responsible grounds do not exist for believing that the petitioner is connected with the commission of the offence charged with.

4. This bail petition is accepted. The petitioner shall be released forthwith, if not required in any other case, provided he furnishes bail bonds in the sum of s.50,000 (Rs, fifty thousand) with two sureties each in the like amount to the testation of the Additional Registrar (Judicial) of this Court.

5. The Additional Registrar (Judicial) shall see that the sureties are respectable persons, bail from the settled areas of District Peshawar and have sufficient property in their names. Attested copies of the property documents and photo copies of the entity cards of the sureties shall be obtained by the Additional Registrar (Judicial) and placed on this file for record.

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